South Bend attempted murder charge not first for 25-year-old man

Briones accused of paralyzing teenager also charged in 2005 shooting.

Briones accused of paralyzing teenager also charged in 2005 shooting.

November 12, 2009|By ALICIA GALLEGOS Tribune Staff Writer

SOUTH BEND - A fugitive recently accused of attempted murder came close to killing another man just four years earlier, court documents show, but prosecutors say the charges were dismissed because of missing witnesses. Luis Briones was charged earlier this month in connection with the Oct. 27 shooting of 18-year-old Delvon Davidson, which left him paralyzed from the neck down. The shooting is the second time the 25-year-old has been accused of nearly gunning someone down. Briones was also named the triggerman in a 2005 shooting that critically wounded an innocent bystander. In that case, Briones became angry at another man for not allowing him to borrow a car and reportedly started firing inside a Roseland hotel. The bullets struck a Honduran man who had been staying at the hotel while working as a tree service worker in the area. Police at the time did not believe Cerbio Mendoza would live, according to past reports, after being struck in the neck and leg. He later underwent surgery at a local hospital and was said to have recovered. Mendoza could not be located for this story. The Heritage Inn in Roseland, where the shooting occurred, is no longer in operation. Briones was originally charged with five counts for the 2005 incident, including two counts of attempted murder for shooting at Mendoza and his intended target Miguel Casas. But the attempted murder charges were later dropped after Briones accepted a plea agreement with the state, according to court documents. In exchange for the dismissals, Briones pleaded guilty to battery with a deadly weapon and possession of cocaine, both C felonies. St. Joseph County Prosecutor Michael Dvorak said Thursday the dismissals were related to eye witnesses becoming scarce as the case progressed. Casas, a prime witness in the case, could not be found, Dvorak said, and several other men who were present during the shooting also could not be found. Only Mendoza, who had moved to New Jersey, could be located, he said, which he added was not enough for the attempted murder charges to continue. “Because we had an absence of witnesses to corroborate what had occurred, (prosecutors) could not go forward,” Dvorak said. Briones was sentenced to a combined 16 years in prison for the battery and cocaine charges, with 10 years suspended. He served three years in the Indiana Department of Correction, DOC records show. On Thursday, Briones was arraigned in court on his most recent attempted murder charge. His bond has been set at $50,000. Staff writer Alicia Gallegos: agallegos@sbtinfo.com (574) 235-6368